If the appellant is not required to

This decision provides important insight into your property law. Here is what it changes for you.

The situation

If the appellant is not required to mention in the notice of appeal one or more of the operative provisions of the judgment he criticises, when he intends to rely on the indivisibility of the subject matter of the dispute, he must nonetheless refer, in the declaration, to that indivisibility. The Court of Appeal, which finds that the notice of appeal is 'limited to the heads of judgment expressly criticised' without detailing them, correctly deduced that in the absence of reference to the indivisibility of the subject matter of the dispute in the notice of appeal, the devolutive effect had not occurred.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

• Strictly observe the legal time limits for appeals.
• Keep all your supporting documents (title deeds, deeds, correspondence)
• Anticipate: preventive advice always costs less than litigation.

For an analysis of your situation: 30-minute consultation at €45 with Maître Zakine.